Archived
If my car gets reposessed and I am pursued for the deficiency, is there any way I can fight the amount owed?
Gary's answer
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Answered on January 11, 2012
No, the deficiency is your balance minus the actual (distressed) sale price + costs
Archived
What happens to the delinquency on a second mortgage when you file chapter 7 bankruptcy in Florida?
Gary's answer
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Answered on January 11, 2012
If you surrender the property in your c7 bankruptcy, the debt is dischargeable.
Archived
If someone files for a judgement against an individual can that individual file bankruptcy prior to the judgement being granted?
Gary's answer
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Answered on January 11, 2012
The answer to your 1st question is “yes “, the individual can file bankruptcy prior to judgment being granted.
However, if the individuals...
Small claims court for promissory note collection; do I have a case?
Gary's answer
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Answered on January 11, 2012
The breach of the contract and its consequences will depend on how the promissory note was written.
It may, depending on the language, only be...
Chapter 7 discharge of student loans. what are the odds of winning discharge under the following fact pattern?
Gary's answer
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Answered on January 11, 2012
Seek an administrative discharge before testing your odds in bankruptcy.
If we have no checking account for a creditor to place a levy on, is there a way they can collect?
Gary's answer
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Answered on January 10, 2012
You inquired, "If we have our tax refund mailed to us, is there any way a creditor can make us pay this to them? "
There ia very limited number...
Archived
Chapter 7 bankruptcy California. Can I protect student loan money in an account and under what authority? (beyond the exemptions
Gary's answer
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Answered on January 10, 2012
You noted: 20 USC 1095
"(d) No attachment of student assistance
Except as authorized in this section, notwithstanding any other provision of...
Archived
Can a ex landlord with a favorable judgment garnish wages and levy my bank account at the same time?
Gary's answer
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Answered on January 10, 2012
You inquired, "do they have to choose between a levy and garnishment"
In MO, The Jdgment Creditor can pursue alternate, sequential or...
In California, does " " and an " ABSTRACT OF JUDGEMENT" indicate that they can Levy my bank accounts?
Gary's answer
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Answered on January 10, 2012
It is the Jdgment that gives the Jdgment Creditor a right to levy or garnishment.
The notice is procedural.
Chapter 7. 11 usc §541(a)(7) says that bk estate includes property acquired after commencement of the case. what does it mean?
Gary's answer
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Answered on January 10, 2012
You misquoted the statute.
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